14 Essential Steps for Choosing the Right Estate Planning Attorney

Whether you’ve just become a parent, are planning to retire, or are at the point where you need to get your affairs in order, hiring an estate planning attorney is a huge step in adulthood.

An estate planning attorney can help you write a will, set up trusts, create a plan to minimize tax liabilities and help create a seamless plan to avoid or reduce the frustrations of probate.

When you’re ready to set up your estate plan, here are some tips to help you find the right estate planning attorney.

Estate plans aren’t one-size-fits-all solutions. You may need to prepare differently than someone else and find an estate planning attorney to work with your situation. 

Consider whether you need to write a basic will from scratch, want to set up multiple trusts to mitigate tax liability, or have beneficiary designations that need to be put in place.

Hiring an estate planning attorney is an investment. Whether you hire an estate planning attorney with a flat rate or one that charges an hourly fee, expect to pay north of $1,200, with more complex estate plans coming in closer to $5,000.

You want a clear picture of what this will look like before the bill arrives. Just remember, this is all to help your next of kin have a more seamless process.

Research your estate planning attorney's qualifications, from making sure they’re licensed in your state to looking at the associations and councils where they are members. 

Lawyers can join associations, councils, and networks, so it’s good to see where yours has been recognized.

Knowing that your estate planning attorney has been published, whether it’s in an industry journal or another publication, lends credibility to their background. Check out what they’ve written and use it to help decide whether they’re the right fit for you.

When you go to an estate planning attorney, it’s likely because you need some customization beyond what an online template offers.

As you’re talking to attorneys, clarify the level of customization they’ll provide to determine whether it will fit your needs and is worth the cost.

If you're entirely new to the estate planning process and are unsure what you need, talking to an estate planning attorney who offers a free consultation could be a good first step to help figure out where you stand and what you need when hiring someone.

Of any attorney you could hire, an estate planning attorney will see you at your most vulnerable, thinking about what happens when you’re gone. 

Finding someone you can trust is critical, so asking friends and family for recommendations is one of the best ways to start your search.

While you need to find someone licensed in your state, it can be frustrating to restrict yourself only to those within your town, especially since there isn’t usually an abundance of estate planning attorneys in any one city. 

Ask for recommendations and search beyond the city limits to find the right person for you.

Considering the impact of hiring an estate planning attorney, you want to take the time to make sure you hire the right person. Ask all the questions — nothing is off-limits.

Get into their history, how long they’ve been practicing, where they went to school, and what they have experience with. 

Talk about the logistics, like how they communicate with clients and what the process looks like. You should understand what your relationship will look like.

The estate planning attorney with the slickest branding isn’t necessarily the best at their job. Listen to what they have to say, look at their qualifications and credentials, and consider recommendations. Those are the best ways to get the best lawyer.

If you have specific needs for your estate, whether that’s due to a health condition or complicated financial situations, you may need an estate planning attorney who has expertise in a specialization.

They can speak directly to the protections you’ll need, whether in the form of language within your estate plan or another lawyer getting involved, like an elder law attorney.

Carrying malpractice insurance doesn't mean an attorney expects to do something wrong. It’s a sign they're responsible enough to take accountability should something go wrong. 

You could be in a precarious situation if something happens and your lawyer doesn't have malpractice insurance.

Paying for an estate planning attorney isn’t always necessary. Sometimes, simple estate planning software could do the job. This can help you cover the basics of estate planning, and you can decide later whether bringing in an estate planning attorney is necessary.

While Bar Association Referral Services could have excellent lawyers on their lists, it’s important to remember that many of these lists are pay-to-play. They may not necessarily be the best; they’re just the lawyers willing to pay for advertising.

Putting an estate plan into place is essential to secure your financial future. If you don’t decide where your wealth will go, someone else will. That can create endless headaches for the next of kin in charge of figuring out the estate puzzle.

Having a plan is the best gift you can give the next generation, regardless of whether they’ll see an inheritance.